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Full-Text Articles in Law

The Consent Of The Governed And The Right To Access The Ballot, John D. Feerick Nov 2022

The Consent Of The Governed And The Right To Access The Ballot, John D. Feerick

Fordham Law Voting Rights and Democracy Forum

No abstract provided.


Judging The Law Of Politics, Guy-Uriel Charles May 2005

Judging The Law Of Politics, Guy-Uriel Charles

Michigan Law Review

Election law scholars are currently engaged in a vigorous debate regarding the wisdom of judicial supervision of democratic politics. Ever since the Court's 1962 decision in Baker v. Carr, the Court has increasingly supervised a dizzying array of election-related matters. These include the regulation of political parties, access to electoral ballots, partisanship in electoral institutions, the role of race in the design of electoral structures, campaign financing, and the justifications for limiting the franchise. In particular, and as a consequence of the Court's involvement in the 2000 presidential elections in Bush v. Gore, a central task of election …


Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler Jan 2002

Redistricting In A Post-Shaw Era: A Small Treatise Accompanied By Districting Guidelines For Legislators, Litigants, And Courts, Katharine Inglis Butler

University of Richmond Law Review

Legislators in jurisdictions with even modest minority populations will find adopting a challenge-resistant redistricting plan to be more difficult than ever before. The problem is how much consideration to give to race. Too little consideration may produce a plan subject to challenge under the Voting Rights Act (the "Act"). Too much consideration may produce a plan subject to challenge on constitutional grounds.


Sense And Nonsense: Standing In The Racial Districting Cases As A Window On The Supreme Court's View Of The Right To Vote, Judith Reed Jan 1999

Sense And Nonsense: Standing In The Racial Districting Cases As A Window On The Supreme Court's View Of The Right To Vote, Judith Reed

Michigan Journal of Race and Law

Congressional redistricting draws the lines within which battles for political power will be fought. It is no surprise, therefore, that the redistricting process has long been the subject of social debate and legal dispute. The Supreme Court has not been able to resolve this dispute, in part, because the Justices have conflicting interpretations of the right to vote. While some Justices view voting as an individual right, others maintain that voting is correctly perceived as group right. This lack of consensus regarding the definition of the right to vote has led to a confusing articulation of the harm implicated by …


Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke Jan 1982

Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke

University of Richmond Law Review

On April 22, 1980, in City of Mobile v. Bolden the United States Supreme Court upheld the constitutionality of at-large elections for the three-member city commission in Mobile, Alabama. In so doing, the Court reversed the judgment of the Fifth Circuit Court of Appeals that Mobile's at-large plan impermissibly diluted the electoral influence of black voters in violation of the fourteenth and fifteenth amendments to the Constitution. The Supreme Court's decision in Bolden [I] emerged from a sharply divided court. A six-person majority in the case consisted of four justices-Stewart, Burger, Powell, and Rehnquist-who joined in a plurality opinion; Justice …


The Discriminatory Effects Of At-Large Elections, Barbara L. Berry, Thomas R. Dye Jan 1979

The Discriminatory Effects Of At-Large Elections, Barbara L. Berry, Thomas R. Dye

Florida State University Law Review

No abstract provided.


One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions Jan 1971

One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions

University of Richmond Law Review

If any conclusion can safely be drawn from the presidential nominating conventions of 1968, it is that the success of potential third party movements looms as a substantial threat to the traditional two party system in the United States. To a large degree, this fact may be attributed to the lack of balanced voter participation inherent in the nominating processes now employed by the two major parties. This lack of participation has engendered a sense of futility in the minds of the individual party members, causing them to limit their support for the slate of candidates their party ultimately chooses.


The Impact And Constitutionality Of Voter Residence Requirements As Applied To Certain Intrastate Movers, Nicholas K. Brown Jul 1968

The Impact And Constitutionality Of Voter Residence Requirements As Applied To Certain Intrastate Movers, Nicholas K. Brown

Indiana Law Journal

No abstract provided.


Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr. Dec 1964

Reapportionment In The Supreme Court And Congress: Constitutional Struggle For Fair Representation, Robert G. Dixon Jr.

Michigan Law Review

Fair representation is the ultimate goal. At the time of the Reapportionment Decisions, much change was overdue in some states, and at least some change was overdue in most states. We are a democratic people and our institutions presuppose according population a dominant role in formulas of representation. However, by its exclusive focus on bare numbers, the Court may have transformed one of the most intricate, fascinating, and elusive problems of democracy into a simple exercise of applying elementary arithmetic to census data. In so doing, the Court may have disabled itself from effectively considering the more subtle issues …


Some Comments On The Reapportionment Cases, Paul G. Kauper Dec 1964

Some Comments On The Reapportionment Cases, Paul G. Kauper

Michigan Law Review

Any appraisal of the Supreme Court's decisions in the legislative reapportionment cases must necessarily distinguish between the basic policy ingredients and social consequences of the decisions on the one hand, and the question whether the results were reached by a proper exercise of judicial power on the other. Respecting the first of these considerations, I have no difficulty identifying the social advantages accruing from these decisions. Because of the stress on the population principle, the decisions will afford a greater voice to urban interests, will make the legislative process more responsive to current needs of particular concern to urban dwellers, …


Court, Congress, And Reapportionment, Robert B. Mckay Dec 1964

Court, Congress, And Reapportionment, Robert B. Mckay

Michigan Law Review

In the United States, governmental power is divided vertically between nation and states and horizontally, at the national level, among the executive, legislative, and judicial branches. The Constitution leaves the lines of demarcation deliberately imprecise. Thus, from the beginning it was easy to predict that among those holders of power there would be tension (at least), conflict (probably), or total collapse (a possibility). The miracle of the American governmental system, with just this complexity and lack of definition, is the fact of its survival. It is not at all surprising that there have been a number of crises, some of …


Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay Feb 1963

Political Thickets And Crazy Quilts: Reapportionment And Equal Protection, Robert B. Mckay

Michigan Law Review

If asked to identify the two most important cases decided by the Supreme Court of the United States in the twentieth century, informed observers would be likely to name, in whichever order, Brown v. Board of Education and Baker v. Carr.


Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas Feb 1963

Legislative Apportionment And Representative Government: The Meaning Of Baker V. Carr, Jo Desha Lucas

Michigan Law Review

In three recent cases the Supreme Court has reopened the question of the extent to which federal courts will review the general fairness of state schemes of legislative apportionment. It is a question on which the Court has had nothing to say for over a decade, leaving the bar to patch together the current state of the law from the outcome of cases disposed of without opinion considered against a backdrop of language used in earlier decisions.


Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser Feb 1963

Residency Requirements For Voting And The Tensions Of A Mobile Society, John R. Schmidhauser

Michigan Law Review

It is the purpose of this article to determine the extent to which persons otherwise qualified to vote are disenfranchised by the complex of state residency requirements and to assess the practical and constitutional aspects of any statutory prospects for change.